BUCHANAN: Grave mistake, not murder

Prison for Zimmerman would be vengeance, not justice

That the prosecution in the Zimmerman trial asked the judge to allow a verdict of "third-degree murder" - i.e., child abuse, since Trayvon Martin was 17 - testifies to the prosecution's failure and panic.

For George Zimmerman's defense has proven, beyond a reasonable doubt, that he shot Martin not out of malice, rage or hate - but in a desperate act of self-defense.

Zimmerman was being beaten "ground-and-pound," mixed martial arts style. His head was being banged on the cement. Screaming again and again for help, he pulled out his gun and fired.

Even the prosecution is now conceding Martin might have been on top, and is now scrambling for a compromise verdict on a lesser charge than second-degree murder, a charge that never should have been brought. Indeed, this trial should never have been held.

What we have witnessed in Sanford, Fla., is the prosecution of an innocent man for murder because the politically and socially powerful demanded it.

That Martin is dead is a tragedy, and an avoidable tragedy. But it was not murder. And it does not justify railroading a man who, whatever his mistakes that night - and George Zimmerman made them - committed no crime.

The case comes down to four questions. And the answers, supported by the evidence, testimony and common sense, point straight to an acquittal.

First, who was the aggressor?

All agree it would have been better if Zimmerman had never left his car or followed Martin that night.

Yet, ask yourself: Would a pudgy, out-of-shape 28-year-old with a gun, facing a 17-year-old athletic kid, 4 inches taller, with a longer reach, throw a punch and start a fistfight with him?

If Zimmerman threw the first punch, what would be his motive? If you have a gun and your adversary does not, is not the sensible stance to keep your distance so you can be free to pull the gun? Who armed with a pistol starts a fistfight with a suspicious stranger? Moreover, Martin's body showed no signs of having ever been punched, while Zimmerman's nose looks like he was sucker-punched.

Second, who was on top in those final moments of the fight?

If Zimmerman was on top and Martin was on his back, Martin would have been found on his back. He was found dead on his stomach.

If Zimmerman was on top and Martin was on his stomach, he would have been shot in the back. He was shot in the chest.

How could Martin have been found lying on his face, with a bullet hole in his chest, if Zimmerman was sitting on top of him? Only if Zimmerman, after shooting Martin, would have turned him over as he lay dying. No one has even suggested that.

Why was the back of Zimmerman's jacket soaking wet, and the back of Martin's dry, if Martin was on the bottom? Why were the knees of Martin's pants wet, if he was on the bottom?

Third, who was screaming for help?

His mother, brother and father say it was Martin. Zimmerman's mother, father and half a dozen friends say it is Zimmerman's voice on the tape, screaming for help.

Martin's father and brother apparently told investigators initially that the voice was not Martin's, or they did not know. And the eyewitness John Good says the guy on the bottom in the red jacket, George Zimmerman, was the one screaming.

But, again, let us assume it was Martin screaming.

Why would he be screaming? If he was being beaten up martial arts style on the ground, would Martin not have had cuts and bruises?

What, exactly, was George Zimmerman doing to this 17-year-old football player that he should be screaming for help?

Where is the physical evidence that Martin had been hurt in any way before he was shot? Is screaming how a tough 17-year-old male reacts in a fistfight, even one he is losing?

Martin was a stranger in that neighborhood, and Zimmerman was the neighborhood watch guy. Which of the two is more likely to be yelling for help from the neighbors?

Fourth, was the use of a firearm justified, even if Zimmerman was losing the fight and being beaten up?

Were his injuries that serious? Was he really in danger of grave bodily harm?

Experts disagree. But the real question is: What did Zimmerman think at the time? And judging by those piercing screams, was not that screaming man frightened, even terrified?

Martin's parents think these were the desperate cries for help by a son about to be killed. But if they were Zimmerman's cries, could he not have had those same thoughts?

Zimmerman should have informed Martin he was the neighborhood watch. Martin should not have pummeled him. Both made mistakes. One is dead. To send the other to prison for what happened that night would be an act of vengeance, not justice, an invocation of the old lex talionis - an eye for an eye.

That's not what America is supposed to be about.

ADVERTISEMENT

ADVERTISEMENT

ADVERTISEMENT

Email this article

BUCHANAN: Grave mistake, not murder

That the prosecution in the Zimmerman trial asked the judge to allow a verdict of 'third-degree murder' ? i.e., child abuse, since Trayvon Martin was 17 ? testifies to the prosecution's failure and

A link to this page will be included in your message.

Real Deals

Sales, coupons, circulars and more from your favorite Jersey Shore area retailers.